Opinion
2012-02-21
Sadaf AZEEM, appellant, v. Bertha M. CAVA, respondent.
Subin Associates, LLP (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Jillian Rosen], of counsel), for appellant. Richard T. Lau, Jericho, N.Y. (Nancy Goodman of counsel), for respondent.
Subin Associates, LLP (Pollack, Pollack, Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Jillian Rosen], of counsel), for appellant. Richard T. Lau, Jericho, N.Y. (Nancy Goodman of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), dated March 23, 2011, which denied her motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
The plaintiff pedestrian was crossing the street in a crosswalk with the traffic light in her favor when she was struck by the defendant's vehicle as it was making a left turn. The plaintiff made a prima facie showing of her entitlement to judgment as a matter of law by submitting evidence that the defendant failed to yield the right-of-way in violation of Vehicle and Traffic Law § 1112(a), and that she looked for approaching traffic before she began to cross the street and was free from comparative fault ( see Martinez v. Kreychmar, 84 A.D.3d 1037, 1038, 923 N.Y.S.2d 648; Lariviere v. New York City Tr. Auth., 82 A.D.3d 1165, 1166, 920 N.Y.S.2d 231; Rosenblatt v. Venizelos, 49 A.D.3d 519, 520, 853 N.Y.S.2d 578). However, in opposition to the motion, the defendant raised a triable issue of fact as to whether the plaintiff was comparatively at fault ( see Thoma v. Ronai, 82 N.Y.2d 736, 737, 602 N.Y.S.2d 323, 621 N.E.2d 690; Yi Min Feng v. Jin Won Oh, 71 A.D.3d 879, 880, 895 N.Y.S.2d 856).
Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability.